Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nokia Corporation v Yu [2008] FCA 1087
Federal Court Rules Trade Marks Act 1995 (Cth) British American Tobacco Australasia Ltd v Sabar [2007] FCA 1255 Chanel Ltd v Kim (2007) 75 IPR 51 Sony Computer Entertainment Australia Pty Ltd v Angrainni (2000) 48 IPR 49 NOKIA CORPORATION v HENRY YU
VID 336 of 2008
GORDON J
6 JUNE 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 336 of 2008
BETWEEN: NOKIA CORPORATION
Applicant
AND: HENRY YU
Respondent
JUDGE: GORDON J DATE OF ORDER: 6 JUNE 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The requirement for personal service on the Respondent be dispensed with. 2. Service on the Respondent of any document in this proceeding be effected by sending a copy of the document by pre-paid post, addressed to the Respondent at Unit 2, Number 24, Northumberland Road, Auburn, NSW. 3. Service on the Respondent of the: a) Application and Statement of Claim filed 13 May 2008 be taken to have been effected on 28 May 2008 by leaving a copy of the same in the letterbox at Unit 2, Number 24, Northumberland Road, Auburn, NSW; b) Notice of Motion dated 2 June 2008 ("the Notice of Motion"), together with the affidavits of Luke Andrew Merrick sworn 26 May 2008, Themis Papas sworn 30 May 2008 and Kenneth James Taylor sworn 2 June 2008, be taken to have been effected on 5 June 2008 by sending a copy of the same by pre-paid express post addressed to the Respondent at Unit 2, Number 24, Northumberland Road, Auburn, NSW. 4. The Chief Executive Officer of The Australian Customs Service ("Customs") be restrained until the trial of this proceeding or further order from releasing any of the goods the subject of and referred to in the Notice of Seizure to Objector dated 9 April 2008, and sent to the Applicant by Customs under cover of letter marked DGR 200801302 / 2 kk N08/00723. 5. By 4:00pm on 27 June 2008, the Respondent file and serve any defence. 6. The Respondent pay the Applicant's costs of and incidental to the Notice of Motion. 7. Otherwise costs reserved. 8. The matter be listed for directions on 18 July 2008 at 9:30am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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